Caroline B. Ferenz v. Marion B. Folsom, Secretary of Health, Education and Welfare

(dissenting) .

The majority opinion reverses the judgment of the district court because “The referee, who heard the testimony and found the facts, concluded that Mrs. Ferenz was not ‘living with’ her husband at the time of his death within the meaning of that term used in the Act.”

The referee’s decision was based on his conclusion, as emphasized in the court opinion, that “The condition under which the claimant and wage earner might have become members of the same household was never met.” The referee never, said that even if the condition insisted on by the wife had been met, the “living…